Written answers

Thursday, 20 October 2016

Department of Justice and Equality

Boundary Disputes

Photo of Clare DalyClare Daly (Dublin Fingal, Independent)
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50. To ask the Minister for Justice and Equality further to Parliamentary Question No. 15 of 16 September 2016, if she has knowledge of an expert report on land surveying (details supplied); if that report was known to her officials and the Property Registration Authority, PRA, when she provided her reply; and her views on whether practices based on negligent procedures must be targeted for reform. [31214/16]

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael)
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I have been informed by the Property Registration Authority (PRA) that it is aware of the contents of a 2014 Report entitled "Towards the Registration of Defined Property Boundaries in Ireland" which was prepared by the Inter-Professional Task Force on Property Boundaries. The report contains recommendations concerning the existing non-conclusive boundary model which has been in operation in Ireland since 1892.

The statutory functions and procedures of the PRA are set out in the Registration of Deeds and Title Acts 1964 and 2006 and the Land Registration Rules 2012 - 2013. Details of its Mapping Practice standards are available on its website, www.prai.ie. The Authority's objective is to ensure that all maps lodged for registration comply fully with its mapping standards.

The recommendations set out in Chapter 7 of the 2014 Report advocate a move away from the State's long-standing property registration model and are at variance with current registration of title policy and existing legislative provisions. The changes advocated in the Report would add significant additional costs to the conveyancing process, have the potential to disturb existing titles to registered property and exacerbate the risk of boundary disputes. Moreover, implementation of such changes could increase the exposure of the State to compensation claims.

The Deputy's Question of 16 September 2016 raised matters concerning property boundary disputes and as I outlined in my reply at that time, I am advised that the PRA is not aware of any recent increases relating to boundary disputes. While the PRA is aware of the report referred to by the Deputy and other studies, it is notable that no concerns relating to a perceived increase in boundary disputes have been raised via the PRA's Customer Focus Forum, a forum where the PRA engages with solicitors, surveyors, engineers and architects in relation to all matters pertaining to property registration. I am assured by the PRA that it has in place robust structures whereby the registered owners of properties or their representatives can engage with the PRA in relation to matters pertaining to the mapped representation of the registration.

The Deputy will be aware that a Government decision was taken to merge the PRA with Ordnance Survey Ireland and the Valuation Office to form a new statutory body, Tailte Éireann, for which legislation is currently being drafted. Among the issues to be examined in the context of the merger are the strategic goals and priorities of the prospective merged organisation. It is anticipated that this will provide an opportunity to derive significant added value from the bringing together of the rich data holdings of the three organisations concerned. Any potential changes to the mapping system as well as submissions or proposals from representative organisations could be considered in that context.

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